A guardian is an adult person appointed by a probate court to be legally responsible for a minor child or an incompetent person and/or that person’s property. The person for whom a guardian has been appointed is called the Ward and the guardian has the duty to make the decisions for the Ward in the Ward’s best interest.

A guardianship may be necessary to make decisions for a minor child if both parents have died or the minor child is entitled to a substantial amount of money. A guardianship may be needed for an adult who has been deemed incompetent and is unable to care for themselves or for their property. A parent is considered the natural guardian of any minor child with special needs; however, a guardianship is necessary for the parent to continue to make decisions for their child once he or she turns 18 years old.

There are two types. A guardian of the person is appointed to make personal decisions for the Ward including residency and medical decisions. The guardian of the person of a minor child will also make decisions regarding education. A guardian of the person of an adult automatically becomes the guardian of the adult's minor children, if no other adult has legal custody or guardianship. A guardian of the estate is appointed to manage the Ward’s assets and make financial decisions in the Ward’s best interests. A guardianship can be of the person, of the estate, or both. Guardianship can also be limited in duration and the powers given to the guardian and ordered without a hearing if an emergency exists.

You need to file a guardianship application in the probate court in the county where the prospective Ward lives. If you are seeking a guardianship over an adult, you will need to file a “statement of expert evaluation” stating that the prospective Ward is incompetent and recommending the establishment of a guardianship. The court will schedule a hearing to determine whether a guardianship is necessary and that you should serve as guardian. Before the hearing you must complete a background check and guardian training. If the probate court appoints you as the guardian, you will receive letters of authority confirming your authority to act on the Ward’s behalf.

Non-Ohio residents can only serve as guardians of the person in Ohio. Non-Ohio residents cannot serve as guardians of the estate.

If an adult is mentally competent and is only physically incapacitated, then a conservatorship is appropriate. The probate court can appoint a conservator at the request of a mentally competent adult. The individual requesting a conservatorship can choose the conservator and specify the authority given to the conservator.

While an adult is still mentally competent, he or she can execute a power of attorney that will authorize their agent to make medical and/or financial decisions on their behalf if they become incompetent. After a person becomes incompetent, it is too late to execute a power of attorney. At that point, a guardianship is the only option.

Depending on the type of guardianship, the probate court requires an initial deposit of $75-$275 to cover court costs as the case proceeds. Any unused portion of the deposit will be returned to you. We offer affordable rates that range from $125-$250 per hour depending on the task. We guarantee you our most affordable rate and charge in 6-minute increments so you don’t pay for a full hour if we complete an assignment is less time. As the applicant, you are responsible for the court costs and attorney fees. However, you can apply for a reimbursement from the Ward’s estate if such funds are available.

If you need a guardianship appointment, call our office at (614) 610-4545 or visit www.pkesq.com for more information. When we schedule the appointment, my office will tell you what to bring to our first meeting to get you started.